TERMS AND CONDITIONS OF SERVICE
This website is operated by Gray Matter Design Inc (DBA Ambiente Gifts, Decor & Design). The terms set forth herein describe the “Terms and Conditions of Service” under which the user (also referred to as “you”, “your”.) may use this website and services as offered by Gray Matter Design Inc. (also referred to as “us”, “we”, “our”). This website offers visitors information regarding our business and the services we provide. In addition, it provides access to purchase select merchandise through e-commerce.
Please read the Terms and Conditions carefully, by visiting and/or purchasing and/or engaging in any way with with this website, you (“the user”) approve that you have read, understood, and agree to be bound by the terms and conditions of service as stated. Should you disagree with any terms or conditions set forth, you must discontinue your engagement and not access, use or purchase from this website.
Though we will strive to keep information and content up to date, complete and accurate, in the event that errors, omissions, inaccuracies, incomplete or non-current information or content does exist, Gray Matter Design Inc. shall not be held responsible.
It is our prerogative to change, update, add to, and/or delete any and/or all content on this website and any time under our sole discretion. Any and all changes mentioned above shall be subject to the Terms and Conditions of Service. No notice of any aforementioned change is due to the user. It is the user’s responsibility to check back periodically for any changes made. Continued use of the site comprises an acceptance of the Terms and Conditions of Service. An up to date version of the Terms and Conditions of Service will be available to view on this site.
Our website and integrated online store is hosted by Wix.com Inc. They provide us with a platform from which to provide information regarding our business and to sell goods and services.
The headings presented as a part of the Terms and Conditions of Service are for convenience of navigation only, and do not in any way affect or limit the terms in the agreement.
SECTION 1 - GENERAL TERMS
1-a. You agree that by engaging in any way with this website, you are in understanding of, and required to be compliant to, the Terms and Conditions of Service.
1-b.You agree not to copy, reproduce, sell, exploit or disseminate any portion of the content presented on this site without written consent from us.
1-c. You understand that we may refuse service to any person/entity for any reason at anytime.
1-e. You agree not to alter our site in any way, transmit viruses, or transmit any code of destructive nature whatsoever during your engagement with our website.
SECTION 2 - ACCURACY, COMPLETENESS AND TIMLINESS
You agree that Gray Matter Design inc. shall not be held liable for any inaccurate or incomplete information or information/content which is no longer current. While we reserve the right to correct and make changes to inaccuracies and incompleteness from time to time, we are not required to. The information provided is a reference only. Users making decisions based solely on the information provided on the website do so at their own risk.
SECTION 3 - ERRORS AND OMISSIONS
From time to time there may be information on our site which contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information on our website, or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).
We undertake no obligation to update, amend or clarify information on our website, or on any related website, including without limitation to pricing information, except as required by law. No specified update or refresh date applied on the website or on any related website, should be taken to indicate that all information has been modified or updated.
SECTION 4 - ONLINE STORE TERMS
4-a. General: By engaging with our online store you agree that you are of the age of majority in your province or state of residence, and that you have given any minors in your dependence consent to use our site should they do so. You may not use our products for any unauthorized or illegal purpose, nor may you violate any laws within your jurisdiction, including but not limited to copyright laws. We reserve the right to refuse the service of our store to any individual or entity at any time and for any reason as to our own discretion.
4-b. Product Accuracy: We have made the utmost effort to present the products available in our online store as accurately and true to life as possible. We have attempted to provide an accurate portrayal of the item as it was at the time of posting it to the online store. We cannot guarantee that the settings on your monitor will represent the colour of a product accurately. Should you find a discrepancy in this regard upon receiving a purchased product, we cannot be held liable. The item will be subject to our stated return policy. Item descriptions and additional information such as sizing, dimensions and materials are presented with the best intentions to accurately portray the product. Errors or incompleteness in the the online store are subject to Sections 2 and 3 of this agreement. It is the responsibility of the user/purchaser to verify any uncertainties regarding a product before purchasing. We will try our best to answer any questions to help verify product details in a timely manner.
4-c. Product Availability: We reserve the right to limit or change quantities, or remove any product at any time from our online store without notice. As quantities may be limited, there are no guarantees on product availability.
4-d. Product Pricing: We reserve the right to change the price of any product at any time and without notice. This includes, but is not limited to, permanent price changes, sale prices and promotional offerings. It is our policy not to offer rain-checks for missed opportunities during a sale, or when stock is sold out during a sale. All sales and promotions will be subject to the disclaimer specifically communicated at the time of each separate event.
4-e. Billing and Account Information: You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed. We reserve the right to refuse any order placed with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by, or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to, or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.
SECTION 5 - THIRD PARTY LINKS
Some services, products or content available on our website may include materials from third-parties or links to a third-party. Third-party links on our site may direct you to a third-party website which is not affiliated with us. Where we have provided Third-party links, they are intended as reference only. We are in no way responsible for the content or accuracy of third-party sites, and we do not warrant, nor will we have any liability or responsibility for any third-party websites, materials or products. We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions or engagements made in connection with any third-party websites. Please carefully review the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.
SECTION 6 - SUBMISSIONS AND USER COMMENTS
You agree that specific requested content such as contest entires, or content submitted to us without being requested, such as but not limited to, suggestions, proposals, ideas or recommendations (all falling under the heading, comments), whether sent by mail, email, phone or online through any other platform may be used by us in the following ways with no notice or compensation to you: we may publish, edit, translate, copy, distribute or use in any medium. We are not, and will not be required to: reply to any comments, pay compensation for any comments, keep any comments in confidence. We may, but are under no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service. You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of our website or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.
SECTION 7 - PROHIBITED USES
In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the our web service or any related website for violating any of the prohibited uses.
SECTION 8 - LIMITATION OF LIABILITY
We do not guarantee, represent or warrant that your use of our website will be uninterrupted, timely, secure or error-free. We do not warrant that the results that may be obtained from the use of our website will be accurate or reliable. You agree that from time to time we may remove the site for indefinite periods of time, or cancel the service at any time, without notice to you.
You expressly agree that your use of, or inability to use, the site is at your sole risk. The website and all products and services delivered to you through the service are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement. In no case shall Gray Matter Design Inc, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement of costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.
SECTION 9 - INDEMNIFICATION
You agree to indemnify, defend and hold harmless Gray Matter Design Inc. and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to, or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.
SECTION 10 - SEVERABILITY
In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.
SECTION 11 - TERMINATION
The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes. These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our services, or when you cease using our website. If in our sole judgment, you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly we may deny you access to our Services (or any part thereof).
SECTION 12 - GOVERNING LAW
These Terms of Service, and any separate agreements whereby we provide you services shall be governed by, and construed in accordance with the laws.
SECTION 13 - EXECUTION OF AGREEMENT
Should we fail to exercise or enforce any right or provision of these Terms of Service, it shall not constitute a waiver of such right or provision.These Terms of Service and any policies or operating rules posted by us on this site or, in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the site, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service). Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.
SECTION 14 - CHANGES TO THE TERMS OF SERVICE
Access to the most recent version of the Terms and Conditions of Service will be on this website. We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.
SECTION 15 - CONTACT INFORMATION
Should you have any questions regarding the Terms and Conditions of Service, please contact us directly at, firstname.lastname@example.org.